This stipulation is also a prominent aspect of the inability to maximize the economic enjoyment of the land and maximize its profits. The appellant has no control over the real estate if it is unable to offer the buyers of the "Buyer's Price" apartments to upgrade the specifications of the apartment, for a fee, during construction.
Thus, in effect, it follows that there is no economic interest for the appellant to deviate beyond the basic binding specifications, since any addition will be at its own expense, at no cost to the purchaser, and it is clear that from a commercial point of view the appellant will not act in a way that will harm the profit it is supposed to receive in return for the project.
- The price of the apartment was also in fact determined by the state: according to the terms of the tender – the price of the land was determined as a given price by the ILA as a subsidized price, lower than its market value, which the appellant was required to pay. The appellant's bid in the tender relates to the price of an apartment square meter, when the state set a maximum ceiling for the price of an apartment square meter. As soon as the appellant's bid in the tender was accepted, the price of the apartment was in fact fixed, and accordingly, the profit that the appellant could profit from the transaction was determined. This profit cannot change during the construction of the "Buyer's Price" apartments. The appellant cannot benefit from the increase in real estate prices, and in fact, Its only ability to make an additional profit is if it succeeds in saving and reducing the construction costs of "Mehir LaMishtaken" apartments, especially in terms of overheads, since in terms of direct costs, the terms of the legal agreements it signed greatly reduce the possibility of making a profit.
I do not accept the respondent's argument that the price of the apartment was determined by the appellant, since the state did not leave the appellant with the possibility of determining the price of the "buyer's price" apartment at its discretion.